The Independent Electoral and Boundaries Commission (IEBC) yesterday warned that it may be forced to postpone elections in areas with pending court cases.
The IEBC chairman Wafula Chebukati said that if pressed by decisions of the court, the commission will be forced to make hard decisions in order to deliver the August election as scheduled.
Speaking in Nairobi after signing an MoU with media stakeholders on collaboration on delivering credible elections, Mr Chebukati stated that the commission will respect judicial orders as long as they do not interfere with the IEBC’s operations.
“When it becomes impossible for us to perform our functions, we postpone the election for that specific area,” Chebukati said.
He warned that some court rulings issued during the printing of ballot papers would have an impact on their operations.
“Court decisions coming late will affect our work as printing is already going on. We need to re-print the ballot papers, which wastes most of our time. And also there are cost implications,” he added.
His warning came as the IEBC stated that embattled former Nairobi Governor Mike Sonko had not served them with any court order from the Supreme Court or the East African Court of Justice.
Chebukati said its legal team would consider the implications of Sonko’s move to the Arusha-based court, as well as whether Kenya can enforce court orders.
“We have not been served any orders as yet. Court orders must be obeyed. On the issue of Sonko, I am not sure if we can effect the orders but we will ask our legal team to give us a correct interpretation,” said Chebukati.
The IEBC boss said that a decision by former Nairobi Governor, Mike Sonko to file an appeal before the East African Court of Justice could have negative implications.
“These are court orders to be observed and if they throw us out of balance, we shall make some hard decisions and postpone elections in the affected areas until after the General Election of August 9.”
Mr Chebukati also stated that the commission has yet to be served with a court order pertaining to gospel artist Reuben Kigame’s application to determine whether or not he will run for president.
This came after High Court Judge Anthony Mrima ruled that the IEBC had treated Mr Kigame unfairly because of his disability.
